Determination of Air Defense Identification Zone (Adiz) in Order ... | Marsono & Deni D.A.R | 1 DETERMINATION OF AIR DEFENSE IDENTIFICATION ZONE (ADIZ) IN ORDER TO SUPPORT SOVEREIGNTY OF NATIONAL AIR REGION Marsono 1 & Deni D.A.R. 2 Indonesia Defense University ([email protected] & [email protected]) Abstract - One aspect of air spatial arrangement relating to national airspace sovereignty is to establish Air Defense Identification Zone (ADIZ) which established on the basis of security considerations, particularly for the purposes of foreign aircraft identification. ADIZ Indonesia that has been established at this time is not ideal because it is still above Java and surrounding areas, which is still not sufficient in the face of the vast territory of Indonesia. In order to do so, the purpose of this study is to analyze the current condition of ADIZ Indonesia, what efforts have been made to re-establish ADIZ Indonesia in order to suport sovereign national airspace, and the ADIZ stipulation provision in accordance with international air law. This research using qualitative method, data collected by interview and literature review. The results show that ADIZ Indonesia currently resides in the airspace of a small portion of South Sumatra, Java and Madura, Bali, Lombok and a small portion of the western Sumbawa Island, not outside the territorial sea territory (ZEE). Attempts to reassign ADIZ Indonesian terrritory has been implemented through discussion forums or FGDs held at BNPP, and the appointment of ADIZ Indonesia is already based on international customary law at that time. Keywords: ADIZ, aircraft identification, airspace sovereignty, air law Introduction he Unitary State of the Republic of Indonesia (NKRI) is an archipelagic state consisting of 17,508 large and small islands. The total area of the Republic of Indonesia includes ZEE is approximately 7.7 million km², a land area of 1.9 million km², and a sea of 5.5 million km². 3 NKRI region geographically is a very strategic country, because it is in a cross position between two continents of 1 The author Is the Colonel Pas Dr. Drs. Marsono, M. Si, Secretary of the Department of the Air Defense Strategy, Faculty of Defense Strategy, Indonesian Defense University 2 The author is Brig-gen of National Army Deni D.A.R., S.Sos, M.Si (Han), The Vice of Dean, Faculty of Defense Strategy, Indonesian Defense University 3 Ermaya Suradinata, Fundamental Law of Geopolitics and Geostrategy in the Framework of Unitary Indonesia, (Jakarta: Suara Bebas, 2005,), pp. 35. Asia and the continent of Australia and two oceans namely the Pacific Ocean and Indian Ocean. The strategic location of the region makes Indonesia a very busy country because it becomes an area of crossing for other countries that want to go somewhere to another place by land, sea and air, so that there are often various violations both on the provisions of national law and international law in implementation of cross-rights from those T
20
Embed
DETERMINATION OF AIR DEFENSE IDENTIFICATION ZONE …
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Determination of Air Defense Identification Zone (Adiz) in Order ... | Marsono & Deni D.A.R | 1
DETERMINATION OF AIR DEFENSE IDENTIFICATION ZONE (ADIZ) IN ORDER TO SUPPORT SOVEREIGNTY OF NATIONAL AIR REGION
Abstract - One aspect of air spatial arrangement relating to national airspace sovereignty is to establish Air Defense Identification Zone (ADIZ) which established on the basis of security considerations, particularly for the purposes of foreign aircraft identification. ADIZ Indonesia that has been established at this time is not ideal because it is still above Java and surrounding areas, which is still not sufficient in the face of the vast territory of Indonesia. In order to do so, the purpose of this study is to analyze the current condition of ADIZ Indonesia, what efforts have been made to re-establish ADIZ Indonesia in order to suport sovereign national airspace, and the ADIZ stipulation provision in accordance with international air law. This research using qualitative method, data collected by interview and literature review. The results show that ADIZ Indonesia currently resides in the airspace of a small portion of South Sumatra, Java and Madura, Bali, Lombok and a small portion of the western Sumbawa Island, not outside the territorial sea territory (ZEE). Attempts to reassign ADIZ Indonesian terrritory has been implemented through discussion forums or FGDs held at BNPP, and the appointment of ADIZ Indonesia is already based on international customary law at that time.
Keywords: ADIZ, aircraft identification, airspace sovereignty, air law
Introduction
he Unitary State of the Republic
of Indonesia (NKRI) is an
archipelagic state consisting of
17,508 large and small islands. The total
area of the Republic of Indonesia includes
ZEE is approximately 7.7 million km², a land
area of 1.9 million km², and a sea of 5.5
million km².3 NKRI region geographically is
a very strategic country, because it is in a
cross position between two continents of
1 The author Is the Colonel Pas Dr. Drs. Marsono, M. Si, Secretary of the Department of the Air Defense
Strategy, Faculty of Defense Strategy, Indonesian Defense University 2 The author is Brig-gen of National Army Deni D.A.R., S.Sos, M.Si (Han), The Vice of Dean, Faculty of
Defense Strategy, Indonesian Defense University 3 Ermaya Suradinata, Fundamental Law of Geopolitics and Geostrategy in the Framework of Unitary Indonesia,
12 | Journal of Defense & State Defense | August 2018, Volume 8 Number 2
yet cover the entire territory of Indonesian
sovereignty. ADIZ protection in Indonesia
is only used to protect the capital city of
Jakarta as well as vital objects in Java and
surrounding areas. While the vital objects
of other countries that are in other areas
such as in Papua, Kalimantan and Sulawesi
cannot be protected.
This condition resulted in air control
in the airspace of Indonesia has not been
optimal. Whereas the control of airspace is
absolutely necessary for the survival of the
nation and the country especially from the
threats that come through the air. This is
very worrying, considering that airspace
violations are still happening from year to
year. According to data from the end of
2009 to the beginning of 2011, it was
recorded there were 14 violations of
national airspace. This violation of the
airspace, especially by foreign military
aircraft can cause vulnerability, primarily
will be a threat to the national vital object.
The current condition of ADIZ
Indonesia is related to land and sea border
issues with neighboring countries. RI
boundary issue with Malaysia, covering
sea boundary problem in Malacca Strait.
The two sides have not agreed, the
Malaysian side wants a boundary line that
unites the Exclusive Economic Zone Line
(ZEE) with Continental Lane (LK), while
Indonesia wants the two boundaries not in
line because the legal regime is different.
Then the issue of the territorial sea
boundary, LK and ZEE in the waters of
Sebatik Island has not yet been negotiated
or still in progress, so is the boundary of
ZEE in the South China Sea.
The impact of ADIZ's determination
is that every civilian or military aircraft
entering the territory of the ADIZ country
will report to the flight inspector. In
general, ADIZ is managed by the military
(Air Force) of the country that sets it.
Although the ADIZ reporting system is
different from civil air traffic
arrangements. ADIZ will be more optimal
in preventing the incoming hazards from
airspace when the ADIZ system is
integrated with a radar system connected
to the air defense weapon system.
Adoption of ADIZ is in line with Cooper's
Control theory (Cooper's Control Theory),
namely the sovereignty of a country is
determined by the ability of the country to
maintain and control the existing space
Determination of Air Defense Identification Zone (Adiz) in Order ... | Marsono & Deni D.A.R | 13
above its territory or also called the air
space.15
Efforts to Reassign ADIZ Indonesia
Considering the condition of ADIZ
Indonesia with other existing problems,
the relevant ministries / agencies include
Kohanudnas, Ministry of Transportation
(Kemhub), Ministry of Defense (Kemhan),
National Border Management Agency
(BNPP) and other stakeholders strive to
redefine ADIZ Indonesia. The efforts that
have been implemented are by
conducting Focus Group Discussion (FGD)
3 (three) times held in BNPP, and even the
fourth (fourth) FGD will be held in
November 2017. 16
Experts and observers on aerospace
such as from Kemhub and Kohanudnas
became resource persons in the FGD.
Through this activity are discussed two
important things related to ADIZ
Indonesia redefining efforts is to propose
the established ADIZ region and
preparation of procedures for aircraft
entering the area of ADIZ Indonesia. In
addition, the regulation discussed in this
case is the Government Regulation which
became the legal umbrella in the
15 Abdurrasyid Priyatna, Pengantar Hukum Ruang
Angkasa dan Space Treaty 1967, (Bandung: Binacipta, 2013,), p. 103,
establishment of ADIZ Indonesia. The
Government Regulation on National
Airspace Security (PP Pamwiludnas) that is
planned to serve as a legal umbrella in the
establishment of ADIZ Indonesia. PP
Pamwiludnas itself is still in the process of
ratification. 17
The FGD participants proposed the
ideal area of ADIZ Indonesia which is a
circle covering all the territory of the
Unitary State of the Republic of Indonesia
to the boundary of ZEE. Thus, any foreign
aircraft entering Indonesian airspace,
from airspace over ZEE Indonesia can
already be identified. Meanwhile, the FGD
participants discussed the aircraft
procedures entering ADIZ Indonesia by
arranging procedures and measures of
identification of foreign aircraft entering
Indonesian airspace from the airspace
above the ZEE. The proposed forms of
identification include identifying
correlations (about flight permissions),
electronics identification (using radar),
and visual identification (using an aircraft).
The proposed procedure that
foreign aircraft entering airspace over ZEE
Indonesia must have contacted ATC, then
ATC forward it to MCC which is then
16 Interview with the Head of Law National Air Defense Command on October 27th 2017.
17 Ibid.
14 | Journal of Defense & State Defense | August 2018, Volume 8 Number 2
forwarded to the nearest Kosekhanudnas.
Through the identification procedure, if
there are any foreign aircraft entering
Indonesian airspace and identified does
not meet the determined requirements or
violating Indonesia's national airspace,
there may be even force down measures
at the nearest airbase by aircraft under the
command of Kosekhanudnas.
Based on the research findings that
efforts to redefine ADIZ Indonesia have
been conducted through FGD activities in
which the proposed deliberations related
to the determination of ADIZ Indonesia
region and the procedures of foreign
aircraft entering the national airspace of
Indonesia. These efforts are a step
forward in order to re-establish a more
adequate ADIZ Indonesia in the sense that
it is in line with Indonesia's national
airspace.
ADIZ Indonesia's determination
should be linked to Indonesia's national
airspace sovereignty. This is important to
consider, given that the establishment of
ADIZ is one of the efforts of a country in
maintaining its airspace sovereignty.
Therefore, if the proposals related to the
area of ADIZ Indonesia cover all the
national airspace of Indonesia, the
proposal is in accordance with the efforts
of the Indonesian state to maintain the
sovereignty of the airspace. The total area
of ADIZ Indonesia covering the entire
national airspace of Indonesia as shown in
the Figure 2.
Figure 2. Ideal region of ADIZ Indonesia Source: http://jurnaljakarta.com
Determination of Air Defense Identification Zone (Adiz) in Order ... | Marsono & Deni D.A.R | 15
Another thing that is also important
to be fulfilled related to the re-
determination of ADIZ Indonesia is about
the completeness of the equipment
needed to implement the specified ADIZ.
In addition, capacity building and
fulfillment of the quantity of personnel
man of the ATC, MCC, Kosekhanudnas,
Kohanudnas must also continue to be
done. Alutsista and such personnel are
urgently needed in implementing ADIZ
Indonesia and in implementing the
national air defense system (Sishanudnas)
fore that is more adequate and optimized.
The process of identifying foreign
aircraft entering ADIZ Indonesia will be
maximized only if supported with
adequate equipment and personnel.
Similarly, in carrying out escort and
landing action against foreign aircraft who
violate Indonesia's national airspace, will
run effectively and maximally if supported
by adequate fighter aircraft in quality and
quantity.
In light of the above, the re-
establishment of Indonesia's ADIZ should
be done by keeping in touch with efforts
to safeguard Indonesia's national airspace
sovereignty. In addition, in order to
support the adoption of the ADIZ, the
state of Indonesia should strive to meet
the shortcomings of the armaments and
personnel who manned it.
ADIZ Determination Terms
ADIZ Indonesia's current determination
was conducted around the 1960s which
was then in accordance with international
air law following the international
maritime law stating that the sea
boundary of 3 (three) miles and Indonesia
at that time has not been yet recognized
as an archipelagic country. As a result,
ADIZ Indonesia is established only on the
island of Java and on the islands of
Sumatera, Bali and West Nusa Tenggara.
In line with the times, the laws of the
sea and air law have also changed, causing
ADIZ Indonesia's territory is no longer
compatible with the current laws of the
sea and air law, and recognition that
Indonesia is an archipelagic country.
Determination of ADIZ Indonesia is no
longer appropriate if it is still in its own
territory as in the airspace above the Java
Sea. Therefore, an effort to re-establish
ADIZ Indonesia covering all Indonesian
national airspace over ZEE proposed in
FGD activities at BNPP as mentioned
above.
In the provisions of international law
other than known by the provisions of
16 | Journal of Defense & State Defense | August 2018, Volume 8 Number 2
written law is also known the existence of
customary international law that is not
written based on the practices of the
state. The adoption of ADIZ by a country is
based on the practice of customary
international law and the self defense
principles set forth in Article 51 of the UN
Charter. The principle of self-defense
recognized in Article 51 of the UN Charter
is the right of a State to use weapons in
defending against external powers (other
countries) based on customary
international law. The right to self-defense
referred to in the UN Charter is essentially
an inherent right.
Determination of ADIZ Indonesia is
also stipulated based on customary
international law by the state of Indonesia
based on the principle of self-defense in
order to safeguard Indonesia's national
territory. The legal basis for determining
ADIZ is:
“Nothing in the present Charter shall impair the inherent right of individualor collective self defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and
18 UN Charter Ch. 51.
responsibility of the Security Council under the present Charter to take anytime such action as it deems necessary in order to maintain or restore international peace and security”.18
Although the editorial of the right of
self-defense is expressed in the preceding
paragraph, but in travaux prepatoires it is
stated that the right is inherent. The
aforementioned Article 51 does not
specify how it can be done to exercise the
right of self-defense. This chapter is often
associated with the right to use limited
armed violence. Article 51 defines the right
to self-defense rather than restricting it. It
says there is no connection between
armed attacks and self-defense rights. No
country can wait until a new armed attack
can defend itself. In addition, ADIZ is also
set forth in Document 9426-AN / 924 First
Edition 1984 ICAO, in chapter 3 on Airspace
Organization paragraph 3.3.4 Special
Designated Airspace which recognizes the
existence of a State ADIZ.
In addition, the legal foundation of
ADIZ is international practice which has
become customary international law.
Article 38 (1) of the Statute of the
International Court of Justice stipulates
that customary international law is one of
the legal sources recognized by countries
Determination of Air Defense Identification Zone (Adiz) in Order ... | Marsono & Deni D.A.R | 17
in general. Customary law comes from the
practice of states through attitudes and
actions taken on an issue. When a country
takes a policy and the policy is followed by
other countries and done repeatedly and
without any protests or challenges from
other parties then gradually formed a
habit.
Based on research findings that the
determination of ADIZ Indonesia is in
accordance with the provisions of
international air law at that time (1960s).
However, if it is based on international air
law it is no longer appropriate, because
the outline of ADIZ Indonesia is still within
the territory of the Indonesian
archipelago.
The provisions or sources of law
which are used as the basis for the
determination of the ADIZ of a country so
far are international customary law,
especially international customs law. The
country that has established the ADIZ
under international customary law is the
United States which then followed by
Canada by determining the Canadian Air
Defense Identification Zone (CADIZ). In its
development, the establishment of ADIZ is
followed by other countries in the world.
Article 1 The 1919 Paris Convention is
one of the international customary laws of
international air law. In technological
development, the action of a country can
be an international customary law without
any period of time. This has been done by
the United States and Canada as
mentioned above.
As a country that seeks to maintain
the sovereignty of its airspace, Indonesia
should be able to follow the steps of the
United States and Canada and a number of
other countries in the world in setting
ADIZ. Indonesia is time to re-establish the
ADIZ whose territory covers the entire
territory of NKRI as proposed in every FGD
activity held in BNPP so far.
Conclusions
Based on the results of research and
discussion, it can be concluded as follows:
1. ADIZ Indonesia is currently located in
the airspace of a small portion of South
Sumatra, Java and Madura, Bali,
Lombok and a small part of western
Sumbawa Island. ADIZ Indonesia is not
outside the territorial sea territory
(ZEE). Under these conditions, ADIZ
Indonesia which is a zone to identify
foreign aircraft that will enter the
national airspace becomes less
functioning optimally. This condition is
also coupled with the limited / lack of
18 | Journal of Defense & State Defense | August 2018, Volume 8 Number 2
some elements / related elements such
as the strength of the Air Force, the
development of radar technology,
satellites and communications, the
concept of title or location setting and
the area of ADIZ, the quality and
quantity of human resources (HR) is
limited, supports ADIZ enforcement
and the effectiveness of current state
defense budget use. The problems of
command and control, information
needed, air defense systems, law and
publications and other strengths are
also not optimal.
2. Efforts to redefine ADIZ Indonesia area
have been implemented through
discussion forums or FGDs held at
BNPP. Experts and observers on
aerospace include Kemhub and
Kohanudnas as resource persons in the
FGD. The matters discussed are the
efforts to propose the designated ADIZ
area and the preparation of procedures
for aircraft entering the ADIZ Indonesia
territory. Re-establishment of the ADIZ
is an effort by the Indonesian state to
maintain national airspace sovereignty.
3. The adoption of ADIZ Indonesia in the
1960s was in conformity with the
international air law of the time (which
follows the international law of the sea
which states that the sea boundary is 3
(three) miles and Indonesia at that time
has not been recognized as an
archipelagic country). As a result, ADIZ
Indonesia is set only on the island of
Java and on the islands of Sumatra, Bali
and West Nusa Tenggara. But in line
with the times, the laws of the sea and
the law of the air, the region of ADIZ
Indonesia is now no longer in
accordance with the law of the sea and
air law let alone the existence of
Indonesia has been recognized as an
archipelagic country. Therefore, it is
necessary to redefine ADIZ Indonesia
which covers all Indonesian national
airspace. Determination of ADIZ
Indonesia is also determined based on
customary international law by the
state of Indonesia based on the
principle of self-defense in order to
safeguard Indonesia's national
territory.
Suggestions
Based on the results of research,
discussion and conclusion above, it can
convey some suggestions include:
1. Determination of ADIZ area should be
adjusted with Government Regulation
Number 4 Year 2018 concerning the
Security of Air Region of the Republic of
Indonesia which became the legal
Determination of Air Defense Identification Zone (Adiz) in Order ... | Marsono & Deni D.A.R | 19
umbrella in the establishment of ADIZ
Indonesia.
2. Determination of ADIZ Indonesia
territory should ideally be carried out
covering all territory of Unitary State of
Republic of Indonesia to ZEE boundary,
except on land and sea border directly
with neighboring country. Thus, any
foreign aircraft entering Indonesian
airspace, from airspace over ZEE
Indonesia can already be identified. The
ideal ADIZ Indonesia region can be
described as follows:
a. The procedure of foreign aircraft
entering ADIZ Indonesia area should
be accelerated in the preparation in
line with ADIZ Indonesia re-
establishment efforts.
b. In order to support the re-
establishment of ADIZ Indonesia, the
Indonesian government should do
the following things:
- Conducting endless publications
for more and more countries in the
world to recognize sovereignty
over Indonesia's airspace, the
easier it will be for the process of
ratification of airspace regulation
that we apply throughout the
territory of the Unitary State of the
Republic of Indonesia.
- Takes firmly any violation of
Indonesia's airspace without any
selective reasons in any State in
violation by maintaining peaceful
means.
- Increasing Indonesia's air defense
strength, ranging from the ability
of combat aircraft to missiles,
hanud radar, short-range missile
artillery, medium and long
distances, hanud-capable vessels,
airborne warning and control
system-capable aircraft and other
air defense capabilities as
detersents for both intending and
is heading for violation of
Indonesian national airspace.
- Equip a state defense system with
an independent defense satellite
and complement the country's
defense system with broadband
networking so that all components
of the country's defense can be
well integrated.
- Increasing again the state defense
budget gradually so that the
fulfillment of the necessary
defense equipment in ADIZ
Indonesia enforcement can be
achieved.
20 | Journal of Defense & State Defense | August 2018, Volume 8 Number 2
References
B., Cheng. 1982. The Law of International Transport. London: Institute of World Affair.
C.Q., Cristol. 1982. The Modern International Law of Outer Space. New York: Pergamon Press.
Kusumaatmadja, Mochtar. 2003. Pengantar Hukum Internasional, Bandung: PT. Alumni.
Markas Besar TNI AU. 2000. Buku Panduan Perwira Hukum Tentara Nasional Indonesia Angkatan Udara. Jakarta: Diskumau.
Martono, K. 2007. Pengantar Hukum Udara Nasional dan Internasional. Jakarta: PT. RajaGrafindo Persada.
Mauna Boer. 2005. Hukum Internasional Pengertian Peranan dan Fungsi dalam Era Dinamika Global. Bandung: PT Alumni.
Muberman, A. Michael and Mattew B. Miles. 2009. “Manajemen Data dan Metode Analisis” dalam Handbook of Qualitative Research, eds. Norman K Denzin and Yvonna S. Lincolin, translated by Dariyatno, et al. Yogyakarta: Pustaka Pelajar.
N. M., Matte. Ed. 1983. Annal of Air Law and Space Law. Vol. III. Toronto, Canada: The Carswell Company, Ltd.
Suradinata, Ermaya. 2005. Hukum Dasar Geopolitik dan Geostrategi dalam Kerangka Keutuhan NKRI. Jakarta: Suara Bebas.
Priyatna, Abdurrasyid. 2013. Pengantar
Hukum Ruang Angkasa dan Space
Treaty 1967. Bandung: Binacipta.
Regulations
Paris Convention 1919.
Tokyo Convention 1963.
The Outer Space Treaty of 1967.
Law Number 1 Year 2009 on Aviation.
Website
Pebrianto, Dony Yusra, “Hukum Udara Nasional dan Internasional”, on http://nela-febriz.blogspot.co.id/2011/09/hukum-udara-nasional-dan-internasional.html, Accessed on October 7th 2017.